What if we take affirmative action to its logical conclusion?
Following the announcement of Justice Breyer’s retirement from the US Supreme Court, President Biden said the following as regards his replacement:
While I’ve been studying candidates backgrounds and writings, I’ve made no decision except one. The person I will nominate will be someone with extraordinary qualifications, character, experience and integrity. And that person will be the first black woman ever nominated to the United States Supreme Court.
Think about what an odd statement this is. Biden didn’t name the individual or individuals he was considering for his nominee, nor what legal tradition he wanted them to represent. Rather, he specified the race and gender of his preferred candidate, thereby foreclosing the possibility of selecting anyone who didn’t have those characteristics. “I’m not going to tell you whom I plan to nominate, only that if you’re male or your ancestors aren’t from Sub-Saharan Africa, you can count yourself out.”